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275 (1) If the registrar is satisfied that the requirements of section 274 are met, the registrar may order that

  • (a) the strata plan is cancelled, and
  • (b) land that was shown on the strata plan or held in the name of or on behalf of the strata corporation, but not shown on the strata plan, vests in the owners as tenants in common in the shares set out in the conversion schedule.
  • (1.1) For the purposes of subsection (1) and section 100 of the Land Title Act, an application under section 274 of this Act that is accompanied by the records required by that section is conclusively deemed to be an application that meets the requirements of section 100(4)(a) of the Land Title Act.
  • (2) An order of the registrar
  • (a) may be made on terms the registrar considers necessary,
  • (b) may be made conditional on the creation, enlargement, extension, cancellation or registration of any interest that the registrar considers necessary to give effect to a term of the order, and
  • (c) may be made without a hearing.
  • (3) When the order is made, the registrar must
  • (a) file the order,
  • (b) register indefeasible titles to the land referred to in the order in accordance with the order, and
  • (c) give a copy of the order to each owner and registered charge holder shown on the conversion schedule by sending it by registered mail to the address shown on that schedule.
  • (4) When the order is filed
  • (a) the strata corporation is dissolved,
  • (b) the owners are owners, as tenants in common, of
    • (i) the land in accordance with the titles registered by the registrar, and
    • (ii) the personal property in shares equal to their shares of the land as set out in the conversion schedule,
  • (c) any encumbrances against each strata lot and the common property are claims against the interest of each owner in the land and interests appurtenant to the land in the strata plan, and have the same priority they had before the registrar’s order,
  • (d) all claims against the property created after the deposit of the strata plan, other than the encumbrances mentioned in paragraph (c), are extinguished, and
  • (e) owners are jointly and individually liable for the debts of the strata corporation to the creditors who do not have claims against the property of the strata corporation.

1998-43-275, effective July 1, 2000 (B.C. Reg. 43/2000); 2015-40-50, effective July 28, 2016 (B.C. Reg. 206/2016).

REGULATIONS

See s. 16.1 of the Strata Property Regulation, B.C. Reg. 43/2000, at chapter 57 (Strata Property Regulations) in this Manual, regarding the registrar’s requirements and responsibilities on cancellation of a strata plan under s. 275(1) of the Act.